Murray v R [2002] HCA 26; 211 CLR 193; 189 ALR 40; 76 ALJR 899 (20 June 2002)

[2002] HCA 26

Criminal law – Homicide – Unlawful killing – Murder – Deceased died from gun shot wounds to chest – Whether shooting was an unwilled act or an event occurring by accident – What is “the act causing death” – Whether trial judge erred in failing to direct jury about unwilled acts – Whether it is for the jury to decide what is “the act causing death” – Whether trial judge’s failure to direct jury gave rise to a substantial miscarriage of justice so that a new trial should be ordered.

Onus of proof – Whether the trial judge erred in directions to jury about onus of proof – Whether trial judge’s direction to jury was apt to mislead the jury about the decision which was to be made.

Words and phrases – “act” – “event” – “accident”.

The Criminal Code (Q), s 23.